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'Error' in Full and Final Settlement Offer


weejay6000
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I have several Credit Cards and a £15000.00 Unsecured Personal Loan from NatWest. Due to many different factors I was unable to keep up with my repayments. I was relieved when I managed to set up Reduced Payments for all my Creditors.

 

 

Last week I received a letter from 'Capquest' stating they would be taking over my Natwest Loan. They said they would accept my £2.50 monthly payment but also offered me a 'Full and Final Settlement' of 0.72% of my balance quoting a final figure of £108.08. I couldn't believe it!, what a great offer:). I thought the catch was the timescale, since the letter they posted out was dated 4th and I ony had until the 10th to accept this offer and make payment. Luckily a friend wrote me a cheque and I posted it by Recorded Delivery, so I know it was received on time.

 

 

On the 9th I received a letter from Capquest stating they had made an error with their previous letter and the offer intended was 72% of the balance giving a final figure of £10800.00. They apologised and said 'the decimal had been put in the wrong place'. I was gutted!!! :( However, they still cashed my cheque for £108.08.

 

 

I am now wondering if they can do this, since they made me an offer, I accepted it and now they've gone back on their word. Any help would be greatly appreciated from this fantastic site.

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Do you still have the letter ? Keep this and guard it safely....you have settled it.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi,

 

Thanks for the reply. Yes, I've still got the letter with the offer of 0.72% a final payment of £108.08.

 

However, this morning I've received another letter from Capquest saying again that the offer of 0.72% was an error and they've enclosed a cheque for £118.08 addressed to me. They say it's a refund of my payment plus £10 for postage & costs.

 

Any further thoughts would be greatly appreciated.

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I would be tempted to return the cheque to them, stating that as far as you are concerned the matter is now closed :D

 

You've got to feel sorry for them, they cannot even get their monkeys to put the decimal point in the right place!!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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The offer was an unambiguous offer comprising first a reference to '0.72%' and second '£108.08'. If the letter was the product of a typo there were several by the use of a superfluous '0.' in the percentage figure, and the incorrect position of the decimial point and the omission of '00' for the pence figure in the monetary figure.

 

I take the view that the collection of errors could not be treated as one simple error or an attempt on your part to take an advantage.

 

Further still, the cheque offered in settlement was not from you but a third party. No doubt the cheque drawn by the third party was to secure your release from the debt. That cheque was accepted.

 

In my view the creditor has compromised the claim by the issue of the offer, the acceptance of it by way of offer from the third party and the encashment of the cheque. I would not return the cheque nor obviously would I present it. I wold simply retain it very safely.

 

x20

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Brilliant SAx20 and thank you....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Thanks guys for the replys, much appreciated.

 

I think I'll keep hold of the cheque Capquest sent me for the time being, I definately won't cash it.

 

I'll just wait & see what happens now, if I receive anymore letters etc. I'll keep you informed.

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Subscribing, hee hee, you lucky thing xx

Halifax CCA letter sent 3 May

2 x CL Finance letters sent 3 May

Halifax and CL letters received 6 May

Halifax responded with valid CCA, but need to query default

CL Finance failed to provide CCA by 2 July - letter sent

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I agree, return the cheque and tell them you consider the matter closed. Your situtation is improved by the fact they cashed the cheque. You can tell they are concerned about this. I have never heard of a DCA returning money like that plus postage costs when you have an outstanding debt with them.

 

Subscribed

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There was a thread earlier about this seemingly wonderful offer. At the time I said if it looks too good to be true then it certainly is.

 

That said I think you have them by the short and curlies,

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I know one of the posters said to hold onto the cheque but personally I would not feel happy about doing this, I would much prefer to return it and telling the matter is closed. In view of the fact that a cheque is valid for six months are you sure you may never be tempted to cash it? I also think by not returning it Capquest will probably think that you have fallen for it and will cash it at sometime.

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I also think by not returning it Capquest will probably think that you have fallen for it and will cash it at sometime.

 

By not encashing the cheque will draw this whole thing out for the lifetime of the cheque and frustrate the creditor in being pro-active even though the ball is in their court. Being able to produce is incontrovertible evidence of non-presentation.

 

x20

Edited by surfaceagentx20
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  • 1 month later...

Just to keep you updated guys.

 

I've still got hold of the cheque Capquest returned to me but now 7 weeks later I've received a letter from their solicitors 'HL Legal' demanding arrears of -£108.56 ... yes, that is a minus sign.

 

There is no address to reply to HL Legal only Capquests. Shall I just ignore this letter, any thoughts on this latest development please??

 

wj6000

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Just to keep you updated guys.

 

I've still got hold of the cheque Capquest returned to me but now 7 weeks later I've received a letter from their solicitors 'HL Legal' demanding arrears of -£108.56 ... yes, that is a minus sign.

 

There is no address to reply to HL Legal only Capquests. Shall I just ignore this letter, any thoughts on this latest development please??

 

wj6000

 

Just shows what a bunch of Cretins you are dealing with. Wait until they start ringing you demanding immediate payment of this negative balance and start threatening you with the usual sh!t about Courts, Baliffs etc etc etc

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I could be wrong here, but.

Send a letter stating account is now closed per your agreement letter from them AND their encashment of your settlement cheque dated xxxxx.

Also, ask when you can expect their kind gift of £108. 56 as it'll come in handy over Christmas:D

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